TERMS AND CONDITIONS.
These pages contain information on the terms and conditions for purchases from Top60 Furnishings. By using or accessing this website and/or placing any order(s), we and you agree to be legally bound by these terms and conditions.
All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.
Standard conditions of sale
1.1 “Buyer” means the person who buys or agrees to buy the Products from the Seller.
1.2 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 “Delivery date” means the date specified by the Seller when the Products are to be delivered.
1.4 “Products” means those goods/items specified.
1.5 “Price” means the price for the Products including carriage, packing and VAT.
1.6 “Seller” means Lewis Furniture.
1.7 “Consumer” shall bear the meaning ascribed under the relevant law.
2 Conditions applicable
2.1 Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.5 If the Seller does not have sufficient stock to be able to deliver the Products ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered.
3 The price and payment
3.1 Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within 7 days of delivery of the notice of price increase to the Buyer.
3.2 Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above banking base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
4 The Products
4.1 The quantity and description of the Products shall be set out in the Seller’s quotation.
4.2 The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable requirements where the Products are supplied to the Seller’s specification.
4.3 Photographs are for illustrative purpose only, and may not exactly match the product itself.
5 Warranties and liability
5.1 All Products supplied by the Seller come with a manufacturer’s warranty. 5.2 The Seller shall provide the Buyer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.
5.3 The Seller does not provide any warranty cover against defects in his own right.
5.4 Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
5.5 Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any Products which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the Products in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering Products or any damage or defect in Products delivered which is caused by its usage or any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
6 Delivery, Returns and Cancellations
6.1 Delivery of the Products shall be made by the Seller or his agent notifying the Buyer that the Products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
6.2 The Seller shall use his reasonable endeavours to deliver the Products within the timescale quoted for each Product. Where an order contains more than one Product the Seller shall endeavour to deliver all Products together within the longest timescale quoted.
6.3 In any event time of delivery shall not be of the essence.
6.4 The Seller shall not be liable for any delay in delivery howsoever caused.
6.5 Delivery of Products shall be made to the agreed addresses only and must be signed for. The address will be that registered with your payment order issuer, unless you request otherwise and we agree to such a request (at our sole discretion).
6.6 Our charges for delivery within the central Lagos mainland vary between free delivery and N15, 000. 00 dependent on location and order value (see Shipping and Returns Information). Occasionally we may offer specific items delivered free of charge to central mainland in Lagos state. We may deliver to Lagos mainland outskirts (ikorodu, Festac, beyond iyana –ipaja, beyond Isolo) for an additional charge as agreed prior to order. Out of Lagos and Island (Lekki and environs up unto Epe) deliveries would be as discussed and agreed based on location. Option for pickup at seller’s factory addresses disclosed is also widely available. Packaging cost for out of state deliveries are bourne by the buyer as requested by the cargo carrier company.
6.7 We do not count weekends or Bank Holidays from order timeline delivery but deliver also on these days subject to buyer’s consent.
6.8 If the Buyer is dissatisfied with his purchase for any reason he may, within seven days of delivery, contact the Seller’s customer service department to notify them that they wish to return some or all Products from their order. The Buyer must either arrange to return the Products themselves to the Seller at their own cost or they may ask the Seller to arrange for collection of the Products, the direct cost of which will be deducted from the refund. Products must be returned to the Seller in the same condition they were in at the time of delivery and in their original packaging or similar. Products which are not adequately packaged at time of collection may not be collected and a charge up to £85 may be levied to cover the cost of failed collection. Refundswill be issued within 30 days of receipt of Products and after we have inspected them for damage. We reserve the right to withhold all or part of your refund if Products are returned damaged. Faulty Products are covered in paragraph 5.5.
6.9 Due to the intimate nature of Beds, mattresses, pillows, mattress protectors, sofabeds, living room sofa furniture, bedroom sofa furniture, or n office sofa furniture , and others made with foam and or leather or fabric materials etc, these Products are exempt from the statutory 7 day cooling off period under the Distance Selling Regulations when they have been unsealed. Therefore, for reasons of health and hygiene any bed, mattress or bedding that has been accepted will be deemed to be used and cannot be returned for any reason other than a manufacturing fault.
6.10 Our usual refund policy does not apply to made-to-order Products. Where the Buyer has selected a fabric on a sofa bed, sofa, headboard or other similar Product or if a special size bed or mattress is ordered, or an altered or custom made design or specification to this Product is classified as a made-to-order Product. If a made-to-order Product is cancelled within a few days of placing the order we may be able to offer a full refund however if the Product has gone to production this may not be possible. If this is the case it is unlikely that the Seller will be able to sell it at full selling price therefore a cancellation charge of 20% will be deducted from the refund. This does not affect your statutory rights.
7 Acceptance of the Products
7.1 Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
8 Title and risk
8.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
8.2 Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear other funds payment in full.
8.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
9 Insolvency of Buyer
9.1 This clause applies if:
9.1.1 The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
9.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
9.1.3 The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or
9.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9.2 If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10.2 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
11.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
11.2 Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
12 Proper law of contract
12.1 This Contract shall be governed by the law of contract applicable in Nigeria.